Concurrent Session II - Option 2 - Administrative Channeling: An Obstacle to Federal Employees’ Quest for Justice


The Trump Administration has brushed aside myriad challenges to government employee layoffs and curtailment of bargaining rights by relying on the Thunder Basin doctrine, which ostensibly requires aggrieved employees to bring legal challenges initially to the administrative tribunals (MSPB and FLRA) that Congress has established to keep labor peace.  This panel will examine how courts have split as to whether employees and unions must initially file constitutional and statutory challenges in those tribunals, despite the unlikelihood of success and likelihood of substantial delay.